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MERBAN CORP. v. PATTON

No. 79-2286.

386 So.2d 1229 (1980)

The MERBAN CORPORATION, a Swiss Corporation, Appellant, v. Stuart W. PATTON, Herbert L. Nadeau, Martin E. Segal, and Roland J. Zeller, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 3, 1980.

Attorney(s) appearing for the Case

Rollnick, Squitero & Katz and Michael D. Katz, Miami, for appellant.

Patton, Kanner, Segal, Zeller, King & Kubit and J. Alberto Gonzalez-Pita, Miami, for appellees.

Before NESBITT and BASKIN, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

PER CURIAM.

This appeal is from a summary final judgment which construed an attorney's opinion that "under Florida law the second mortgage is valid and non-usurious under its terms" so that it did not express an opinion that the transaction for which the second mortgage was subsequently used was not an usurious transaction. The opinion was given at the request of the attorney for the lender by the attorney for the borrower. The transaction was closed in another state...

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